Legalities Postpone Building Decision

October 29, 1986|By DAVID JACKSON, Staff Writer

HOLLYWOOD -- Faced with the threat of a lawsuit, Hollywood commissioners have backed off the approval of a proposed downtown redevelopment project.

After hearing objections from an attorney representing residents of the Lakes neighborhood, commissioners postponed action on the proposed Elio DiBiase project until Nov. 12. The project is caught in the middle of a zoning dispute between the city, county and nearby residents.

In the interim, commissioners said they would consult with their legal and planning staff to gain a better understanding of the legalities surrounding the proposal.

DiBiase was seeking a series of variances that would have allowed him to start his project while the city resolved the zoning dispute with officials from Broward County.

Commissioner John Williams said that while the DiBiase project would help downtown redevelopment, the city`s proposed method of approving the project might be illegal.

``Regardless of our zeal, we need to take the correct and appropriate legal course,`` Williams said.

Initially, DiBiase had planned to build 20 three-bedroom condominiums and 13,000 square feet of office space at the intersection of North 17th Avenue and Tyler Street near Young Circle Park. But that proposal exceeds density standards set by the Broward County Land Use Plan.

While seeking a change in the land use plan, city officials also suggested that DiBiase build 14 condominium units and 22,000 square feet of office space. When, and if, the land use change is granted, DiBiase could convert some office space into condominiums, city administrators recommended.

Williams had supported the modified plan before the meeting, but said he changed his mind because of the presentation by the residents attorney, John Fletcher, who said the city was misuing its power to grant variances.

``Somebody is attempting to change the rules in the middle of the game, folks,`` Fletcher said, noting that the revised plan also called for less parking and less land around the building. A court reporter recorded his remarks.

The DiBiase project is part of a new zoning district just east of Young Circle that is designed to separate the downtown business area from the Lakes residential neighborhood. Residents of the Lakes said they plan to question the validity of the zoning district.